Faircloth was charged with tying his dog, Kujo, to the tracks behind the Adam Stephen House in Martinsburg in October 2004. The dog died after its lower jaw was cut off by a passing train, police have said.

Faircloth previously told police that he killed the dog because it growled at his children, according to police.

Conviction on an animal cruelty charge carries a sentence of one to three years in prison and a fine of $1,000 to $5,000.